Claffey v. River Oaks Hyundai, Inc.

238 F.R.D. 464, 2006 U.S. Dist. LEXIS 85332, 2006 WL 3392221
CourtDistrict Court, N.D. Illinois
DecidedNovember 20, 2006
DocketNo. 06 C 310
StatusPublished

This text of 238 F.R.D. 464 (Claffey v. River Oaks Hyundai, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claffey v. River Oaks Hyundai, Inc., 238 F.R.D. 464, 2006 U.S. Dist. LEXIS 85332, 2006 WL 3392221 (N.D. Ill. 2006).

Opinion

MEMORANDUM OPINION AND ORDER

KENNELLY, District Judge.

Norma Claffey has sued River Oaks Hyundai, Inc., which does business as Thomas Hyundai (Thomas), and Capital One Auto Finance, Inc. (Capital One) under the Fair Credit Reporting Act (FCRA). Claffey alleges that Thomas and Capital One accessed her credit report without her consent and without a proper purpose, in violation of the FCRA. Claffey has moved pursuant to Federal Rule of Civil Procedure 23(b)(3) to certify a class of similarly situated plaintiffs. Both Thomas and Capital One oppose class [466]*466certification. For the reasons stated below, the Court grants Claffey’s motion.

Facts

Claffey’s claims are based on a mailer she received that notified her of pre-approved financing if she purchased an automobile from Thomas. The mailer advised that the recipient was pre-approved for a loan of up to $25,000, so long as she was at least eighteen years old, had a monthly income of at least $1,500, and did not have a pending bankruptcy. Claffey did not satisfy the monthly income requirement. Though she did not have a pending bankruptcy case, Claffey had previously filed for bankruptcy in 2004, primarily because of medical bills incurred by her husband. In that bankruptcy case, Claffey did not disclose certain relatively minor creditors, though she later paid those creditors in full.

The mailer was sent to some 3,307 Illinois addresses. Capital One prescreened the credit reports of 2,963 of those addressees. Only twelve individuals responded to the mailer. All twelve were approved for loans, but only five entered into retail installment contracts for the purchase of vehicles. At her deposition, Claffey testified that she did not read the entire mailer and did not respond to it.

Claffey filed this lawsuit on January 19, 2006, alleging that the defendants willfully violated the FCRA because they accessed her credit report, and those of the other addressees, without their consent and without complying with the FCRA’s “firm offer of credit” exception. Claffey has moved for class certification, seeking certification of a class consisting of all persons with Illinois addresses to whom defendants sent the solicitation, except for those who obtained credit as a result of responding to the solicitation.

Discussion

To succeed on a motion for class certification, a plaintiff must satisfy all of the requirements of Federal Rules of Civil Procedure 23(a) and the requirements of one of the subsections of Rule 23(b). Rule 23(a) requires a class so large “that joinder of all members is impracticable”; the existence of “questions of law or fact common to the class”; claims by the named representative that “are typical ... of the claims ... of the class”; and a named representative who “will fairly and adequately protect the interests of the class.” Fed. R. Civ. P. 23(a); Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 613, 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997). Rule 23(b)(3), the part of Rule 23(b) upon which Claffey relies, requires that common questions “predominate over any question affecting only individual members” and that a class action be “superior to other available methods for the fair and efficient adjudication of the controversy.” Fed. R. Civ. P. 23(b)(3); see Amchem Prods., 521 U.S. at 615, 117 S.Ct. 2231.

1. Rule 23(a) requirements

The Rule 23(a) requirements of commonality, typicality, and adequacy of representation tend to merge and serve as “guideposts for determining whether ... maintenance of a class action is economical and whether the named plaintiffs claim and the class claims are so interrelated that the interests of the class members will be fairly and adequately protected in their absence.” Amchem Prods., 521 U.S. at 626 n. 20, 117 S.Ct. 2231. The commonality and typicality requirements are intended to “ensure that only those plaintiffs ... who can advance the same factual and legal arguments may be grouped together as a class.” Mace v. Van Ru Credit Corp., 109 F.3d 338, 341 (7th Cir.1997).

The threshold issue in determining is whether the named representative’s and the alleged class’s claims have the same essential characteristics. De La Fuente v. Stokely-Van Camp, Inc., 713 F.2d 225, 232 (7th Cir. 1983). “A plaintiffs claim is typical if it arises from the same event ... or course of conduct that gives raise to the claim of other claim members and his or her claims are based on the same legal theory.” Id. (citing H. Newberg, Class Actions § 1115(b) at 185 (1977)). The typicality requirement may be satisfied despite the existence of factual distinctions between the claim of the named plaintiff and those of the class members. Id.; see also, Retired Chicago Police Ass’n v. City of Chicago, 7 F.3d 584, 597 (7th Cir. 1993). There is no requirement that each [467]*467member of the class have suffered precisely the same injury as the named representative. Id,.; see also, Tidwell v. Schweiker, 677 F.2d 560, 566 (7th Cir.1982).

The typicality requirement is satisfied when the claims of the named plaintiff and those of the class members have a common legal theory, even if factual differences exist. De La Fuente, 713 F.2d at 232. Claffey’s claims against the defendants meet this requirement. Her claims, like those of the proposed class, derive from the same factual and legal background: the contention that the defendants improperly accessed their credit reports before sending out a mass mailing.

Capital One says that Claffey’s claims are not typical, relying on the fact that Claffey did not read the entire offer and did not meet the offer’s credit criteria. That is beside the point. The claim arises from the defendants’ alleged accessing of the class members’ credit reports prior to sending out the mailer, not what happened after the mailer was sent out.

The commonality requirement is satisfied for essentially the same reason. The claims of all the class members, and Claffey’s claims, present at least one common legal question: whether the defendants were permitted the access the class members’ credit reports on the ground that they were making a so-called “firm offer of credit” within the meaning of the FCRA.

Rule 23(a)(4)’s adequacy of representation requirement is intended to “uncover conflicts of interest between the named parties and the class they seek to represent.” Amchem Prods., 521 U.S. at 625, 117 S.Ct. 2231.

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238 F.R.D. 464, 2006 U.S. Dist. LEXIS 85332, 2006 WL 3392221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claffey-v-river-oaks-hyundai-inc-ilnd-2006.